Can't send CCA S77/78 docs due to need perm address needed

[Hungryforinfo]

Can anyone offer some thoughts on how to deal with a credit company who defaulted on a CCA request to be supplied with a true copy of the agreement months ago. They have recently written to say that they can't send the docs to a c/o address. In tandom with this they have instructed a solicitor to commence legal action. I have so far responded by saying before I feel bound by any terms they wish to impose they have to prove an enforcecable account exists. I am also thnking of writing to say that should they continue with the court action they should determine what address they intend to ask the court to send the court notices to and if it is good enough for the court papers to be served on me there is no reason for them not to send my requested documents to the sme address. Any comment on this and other suggestions wold be greatly appreciated. I still have post forwarded from the address they have on file.

[sploits]

Hi,

 

I always thought that for a CCA they didnt need a previous or anything from yourself unlike the Subject Access Request. Plus if they are sending you the threatograms to you at your current address they why cant they send the CCA to you. You will of sent off the request with the £1 postal order so unless they dont have a CCA I dont see the problem of sending it out to you.

 

Also if they are going to take you to court how can they do that when it is looking like they dont have a CCA thus they wouldnt be able to prove the debt?

 

Forgive me if I'm wrong and I'm sure there will be better people in the know in here pretty soon but that is how I read your situation.

 

Who is the company that you are dealing with?

 

Regards,

 

Sploits

[BankFodder]

Can anyone offer some thoughts on how to deal with a credit company who defaulted on a CCA request to be supplied with a true copy of the agreement months ago. They have recently written to say that they can't send the docs to a c/o address. In tandom with this they have instructed a solicitor to commence legal action. I have so far responded by saying before I feel bound by any terms they wish to impose they have to prove an enforcecable account exists. I am also thnking of writing to say that should they continue with the court action they should determine what address they intend to ask the court to send the court notices to and if it is good enough for the court papers to be served on me there is no reason for them not to send my requested documents to the sme address. Any comment on this and other suggestions wold be greatly appreciated. I still have post forwarded from the address they have on file.

Completely correct.

Which CC company is it? Do they have a branch. I expect that the truth is that they don't have the CCA. If they have a branch, then offer to collect it from there. see what excuses they make then.

If they sue you then put in the lack of CCA as a defence.

[annette123]

Did you have PPI on your credit card agreement ? Do you know?

[Hungryforinfo]

The company is Egg. They are sending post to my previous address and I have arranged for it to be forwarded onwards. I don't want to give out my new address because I am trying to protect my family from harassment.

 

There is no PPI insurance.

 

I note the suggestion about going into a branch if need be but don't think have any branches.

 

With regard to the credit agreement being sent to me one of the DCA's sent me a letter which increasingly looks like it may have been deliberately worded to give the impression I had been sent 'the documents' (without spelling out what these documents are and when they were supposedly sent) when I have never received them. I have another reason to suspect that 'more than underhanded behaviour' is involved on this account and may post separately on this.

[sploits]

I still dont see what the problem is for them to send you the CCA. If they are sending the post out to you and you are replying back to them then why cant they send the CCA? Especially if you have sent them the £1 postal order. you have requested the CCA, you have paid for the CCA, you have proved you are getting their threatograms so the problem is????

 

Smells like they dont have a CCA to send to you but yet they still want you to cough up with the cash they say you owe.

[Hungryforinfo]

I get the same feeling i.e. I don't think they have the CCA but could use knowing if they are within their rights to say they can't send it for the reason given.

[dpick]

Hi if any solicitor writes to you just say that you have requested a copy of the executed agreement on DATE and at this time they have not complied and no agreement is a complete defence in court.

 

dpick

[ashmk]

Agreed.

 

They are talking tosh and trying to wriggle out of there responsibilities.

[Hungryforinfo]

Thanks for your posts. Someone posted that they thought the address smokescreen could be used if it was a subject access request in order to confirm identity but they thought this didn't apply to CCA requests. Does anyone know definitively, if there is such a thing on this subject?

[sploits]

For a subject access request they do need alot of info from you before they can release the SAR but the CCA doesnt fall under this bracket (at least thats what I believe). They are in contact with you and vice versa so surely this constitutes as them being able to send you the CCA and you receiving it.

 

They are in default of your request for the CCA and if it went to court you could use this as your argument. Plus I doubt they would be able to produce a CCA in the courtroom if they cant produce one to you.